High Courts
'Can't Turn Nelson's Eye To Minor Victim's Ordeal': Bombay High Court Refuses To Reduce Sentence Of 83 Yr-Old Rape Convict
The Bombay High Court (Goa Bench) recently upheld the conviction and refused to reduce the 10-year sentence awarded to an 83-year-old man convicted of sexually assaulting a 9-year-old girl in 2012. A bench of Justice Shreeram V Shirsat said that the age of the Appellant could not be a mitigating circumstance to reduce the sentence in such offences as the Court can't "turn a Nelson's eye" to the age of the victim and the ordeal the victim has undergone. In its 63-page order, the High...
POCSO Probes Must Be Child-Friendly; Sensitise Investigators To Ensure 'Truth Emerges Without Ambiguity': Gauhati High Court
The Gauhati High Court has stressed that investigations under the Protection of Children from Sexual Offences (POCSO) Act must be conducted with sensitivity and strict adherence to child-friendly procedures, observing that failure to provide counselling support, appoint support persons and record clear, specific statements may defeat the very cause of justice. The Court cautioned that defective or casual investigations not only prejudice the accused but may also result in acquittals even where...
Municipality Cannot Benefit Private Party At Cost Of State; Disposal Of Public Property Must Be In Public Interest & Free From Bias: Gujarat HC
The Gujarat High Court has held that the State and municipal authorities cannot act in a manner that benefits a private party at the cost of public property, and that any such action would be unreasonable and contrary to public interest. The Court observed that public authorities are bound by the doctrine of public trust and cannot alienate municipal land in an arbitrary manner.A Single Judge Bench of Justice J. C. Doshi was hearing the second appeal arising from a suit for specific performance...
Kerala HC Reserves Verdict In Plea Challenging Centre's Order Allowing Old Labour Courts To Function After Enactment Of New Industrial Code
The Kerala High Court on Friday (06 February) reserved its judgment in the petition challenging a Central Government notification that permits Labour Courts and Industrial Tribunals constituted under the repealed Industrial Disputes Act, 1947 to continue adjudicating cases even after the Industrial Relations Code, 2020 came into force.Justice Gopinath P heard the arguments of both the parties and reserved for orders. A notification dated December 8, 2025, was issued by the Ministry of Labour and...
Ensure Day-To-Day Recording Of Testimony In POCSO Trials To Prevent Witness Pressure: Delhi High Court To Trial Courts
The Delhi High Court has directed all trial courts in the national capital to ensure that testimony of witnesses already being examined should be recorded on day-to-day basis till its conclusion, in order to minimise the possibility of pressurising witnesses .Justice Girish Kathpalia said that the trial courts should also ensure that such trials should preferably be conducted on day-to-day basis. “….it is directed that copy of this judgment be sent to all Principal District and Sessions...
UAPA | Order Barring Disclosure Of Witness Statements Must Record Reasons For Each Witness: Kerala High Court
The Kerala High Court has clarified that an order passed under Section 44 of the Unlawful Activities (Prevention) Act barring disclosure of witness statements must separately consider materials relating to each witness and record reasons for its decision.The Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan was considering a petition preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita challenging orders passed by the Special Court for NIA...
Bombay High Court Seeks 'Blueprint' From Administration Over Recruitment Of 2863 Judicial Officers Against Newly Sanctioned Posts
The Bombay High Court has sought from its Administration a 'blue print' for recruitment of nearly 2800 judicial officers against the newly sanctioned posts by the Maharashtra Government for the State's lower judiciary. A division bench of Justice Bharati Dangre and Justice Sarang Kotwal emphasised that the State as well as the High Court on the Administrative side will have to act 'expeditiously' to aim its goal of 'speedy justice' for the citizens. "We are cautious that the...
Punjab & Haryana High Court Asks Centre To Expeditiously Clear Punjab Mental Health Act Rules
The Punjab & Haryana High Court has directed the Central Government to ensure that the approval process for Punjab Mental Health Act Rules is completed as expeditiously as possible, preferably within a period of six weeks. The Court further expected the State of Punjab to actively expedite and assist the Central Government in the approval process.A bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a Public Interest Litigation (PIL) filed by Chandigarh based Pushpanjali...
'Totally Uncalled For': Allahabad High Court Deprecates Practice Of Trial Judges Citing Names Of Supreme Court Judges In Orders
The Allahabad High Court last week deprecated the practice of trial court judges mentioning the names of the Judges of the Supreme Court in their orders while relying on a precedent from the Top Court. The Court termed the system as "totally uncalled for" and one which could not be appreciated. It reminded judicial officers that only the citation, case number and the relevant text should be quoted in their orders. "It is reminded that while citing the judgments their citation and/or...
Indiscriminate Freezing Of Bank Accounts Of Non‑Accused Violates Articles 19(1)(g), 21: Delhi High Court
The Delhi High Court has held that blanket and disproportionate freezing of bank accounts, especially where the account holder is neither an accused nor even a suspect, is “manifestly arbitrary” and violates Articles 21 and 19(1)(g) of the Constitution of India.“….any blanket or disproportionate freezing of bank accounts, particularly where the account holder is neither an accused nor even a suspect in the offence under investigation, is manifestly arbitrary, and in the teeth of the fundamental...
Allahabad High Court Issues Notice On Plea Challenging Vires Of 'UP X-Ray Rules' For Non-Inclusion Of BMRD Degree For Technician Post
The Allahabad High Court (Lucknow Bench) last week issued notice to the Advocate General on a petition challenging the vires of the Uttar Pradesh X-Ray Technician Service Rules, 1986, which currently exclude degree holders from appointment to the post of X-Ray Technician. Finding a prima facie case for consideration, a Bench of Justice Sangeeta Chandra and Justice Amitabh Kumar Rai posted the matter for February 27. Briefly, the writ petition has been filed by 4 candidates who hold a...
J&K&L High Court Stays Defamation Proceedings Against Film Director Aditya Dhar Over 'Article 370' Movie
The High Court of Jammu & Kashmir and Ladakh has stayed further proceedings in a criminal defamation complaint filed against filmmaker Aditya Dhar and others, arising out of the feature film Article 370.The order was passed by Justice Moksha Khajuria Kazmi in a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, assailing the criminal complaint as well as the order passed by the Forest Magistrate, Srinagar in terms of which pre cognisance summons had...